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Pre-Trial Motions

Pre-trial motions are made between the arraignment and the actual trial. The prosecutor as well as the defense team may present Pre-trial motions where the prosecutor may seek to reduce charges, exclusion of evidence or persons to testify, or dismissal of the charges entirely. Below, Experts answer questions related to laws on Pre-trial motions.

Will I have to file a Pre-trial motion in order to dismiss a court appointed attorney as I wish to handle the case pro se?

If you wish to dismiss the attorney, you will have to state the reason that you no longer wish to be represented by the attorney and advise the court of your intentions to proceed pro se. You may also seek additional time from the court to prepare for the hearing. Before filing the motion, you may contact the judge’s assistant or clerk of court to set the matter for hearing.

Alternatively, you may also ask your attorney to file a motion to withdraw from the case.

How does one prepare a Pre-trial motion to dismiss for a parking ticket received when not at fault?

In many cases, the individual will not need to prepare a written Motion to Dismiss in a case where you have received a parking ticket. In many situations all the individual will need to do is go to the court hearing on the designated date and time and present your verbal argument to the judge where you explain why the parking ticket against you should be dismissed.

Typically, you will be able to meet the prosecutor for a Plea Bargain by which the prosecutor has the discretion to dismiss the ticket. If that happens, a hearing will not be necessary. For more information, here’s a link to traffic control device regulations: http://mutcd.fhwa.dot.gov/

What is the actual purpose of a Pre-trial conference? I have the motion for leave(s) pending, should I be bringing these motions to the court’s attention?

The main intent of a Pre-trail conference is to present before the court any concerns or issues about the trial before it begins. The process of having any Pre-trial motions heard is commonly known as 'motions in limine'.

In most pre-trial cases, the individual will need to have their motions filed before setting the Pre-trial hearing. Only then will you be able to present them at the court and ask them to be addressed then and there. Once the Pre-trial is over, it will be too late to present your motion. Thus, it is critical that you file them on time.

Can the plaintiff’s failure to show up at the Pre-trial Motion to Dismiss be construed as bad faith?

By law, the court cannot penalize the plaintiff if the ruling of the Pre-trial Motion to Dismiss was ruled in their favor as it was in this particular case. As such, it will have no effect on the on-going case.

Can a Pre-trial motion from the first trial be heard and ruled on once a new trial has been granted?

Since a new trial has been granted, the individual will have to file seek new motions. In order to seek new motions, the individual may file same motion again and set a Pre-trial hearing with the new judge. In short, you will have to start the process all over again.

Some of the most common Pre-trial motions filed in Civil courts include ‘Motions in Limine’ which is filed to admit or exclude specific items of evidence; prevent or allow certain witnesses from testifying; changing the court location for trial; exclude or suppress statements made by the defendant; ‘Summary Judgments’, where parties seek that the judge issue an automatic ruling based on the undisputed facts of the case; and ‘Motion to Dismiss’, a plea to dismiss the case without going to trial. If you have questions on filing Pre-trial motions, contact the Experts.

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
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